'Kid Nation' Parents Gave Show Free Rein

By EDWARD WYATT

Published: August 23, 2007

Children who participated in ''Kid Nation,'' a CBS reality show that has come under fire over questions of whether it violated child safety and labor laws, were required to do whatever they were told by the show's producers, 24 hours a day, 7 days a week, or risk expulsion from the show, according to a copy of the contract signed by the children and their parents.

The contract also specifies that while the children could be paid for their participation, those payments or the agreement to be fully under the producers' direction did not constitute employment under the producers' interpretation and therefore was not subject to any state or federal labor laws.

The agreement, which was provided to The New York Times by the New Mexico attorney general's office under an open records act request, appears to anticipate the arguments that were later made by New Mexico state authorities that the show's producers might have violated state labor laws and licensing requirements for child housing.

''Kid Nation,'' which is scheduled to have its premiere on CBS on Sept. 19, took 40 children, ages 8 to 15, and placed them in a New Mexico desert ''ghost town'' near Santa Fe for 40 days, during which they had little to no contact with their parents. The program has been criticized by New Mexico state authorities who have said that they were not notified in advance of the conditions, which they said appeared to violate state laws.

The parent of at least one participant has complained to New Mexico authorities that the conditions were abusive and that several children were harmed during the production.

The 22-page agreement leaves little room for parents to argue that they did not know what their children might encounter. As is standard in such agreements, the parents and the children agreed not to hold the producers and CBS responsible if their children died or were injured, if they received inadequate medical care, or if their housing was unsafe and caused injury.

But while such agreements might be standard for adult participants in a reality show, it also takes on a different tone when the minor and the parent are being held solely responsible for any ''emotional distress, illness, sexually transmitted diseases, H.I.V. and pregnancy'' that might occur if the child ''chooses to enter into an intimate relationship of any nature with another participant or any other person.''

The agreement also imposes extensive confidentiality requirements on the parents and the children, including that any interviews they grant must be approved by CBS. Those confidentiality conditions extend for three years beyond the end of the show, not the individual 13-episode cycle in which a child participates but the entire series, however many cycles it includes. The producers of ''Kid Nation'' have already begun interviewing children to take part in the second installment.

Violating the confidentiality agreement carries a $5 million penalty. CBS and the production companies, Good TV Inc. and Magic Molehill Productions, retained the rights to the children's life stories ''in perpetuity and throughout the universe.'' And that right includes the right to portray the children either accurately or with fictionalization ''to achieve a humorous or satirical effect.''

To ensure that parents and the children abide by the agreement, the payment of the $5,000 stipend promised to the children who complete the series and the $20,000 that some of them received for being voted the best participant in each of the 13 episodes can be withheld, according to the contract, until after the broadcast of the entire series.

The contract also specifies that the children are able to leave the production at any time, but that in doing so they will lose their right to receive payment and will still be bound by confidentiality provisions.

In response to inquiries about the agreement, CBS issued a statement saying that ''the series was filmed responsibly and within all applicable laws in the state of New Mexico at the time of the production.''

While some injuries occurred, they ''were all treated immediately and by professionals,'' the statement said. ''These kids were in good hands and under good care with procedures and safety structures that arguably rival or surpass any school or camp in the country.''

CBS declined to allow a reporter to speak to the parent who complained to New Mexico authorities about the conditions at the production site, but said in the statement that the parent's complaints were ''distorting the true picture of the 'Kid Nation' experience, about which the overwhelming majority of kids are highly enthusiastic and happy; a sentiment shared by their parents too.''

Interviews with some of the parents of the participants last week evoked few qualms about the scrutiny or stresses to which their children might be subjected. Tabitha, the mother of Taylor, a 10-year-old from Sylvester, Ga., who took part in the program, said she went over the contract ''again and again'' before signing it. (CBS did not allow parents to reveal their last names.)

''My daughter does a lot of pageants'' and therefore is used to being closely observed, Tabitha said. ''People may say she may only be 10 years old, but she was willing to take that chance. CBS did everything to inform us parents. I don't feel like I was let down, misled or that it was exploitation.''

PHOTO: A scene from ''Kid Nation.'' The reality show placed 40 children in an abandoned desert town. (PHOTOGRAPH BY MONTY BRINTON/CBS)(pg. E6)